He also addresses a letter to the Ombudsman to act against this agreement, which “attacks” the constitutional right to strike.
Dec. 27 () –
The second vice president and Minister of Labor, Yolanda Díaz, requests the Prosecutor’s Office and the Ombudsman to act against an agreement of the Community of Madrid, considering that it may restrict the right to protest of public employees in the region.
Specifically, it is the agreement of the Sectorial Board of Administration and Services Civil Servants, regarding the working conditions of Madrid civil servants, approved on December 11 and published in the Official Community Gazette (BOCM) on December 23.
As sources from the Ministry of Labor explain to Europa Press, article 10 and the tenth additional provision of this agreement “open the door” so that in the event that strikes, concentrations or demonstrations are called by signatory unions, the administration can agree the “suspension of the implementation of the horizontal professional career, including the interruption of its remuneration effects” of the personnel at its service.
MADRID WANTS TO “PUNISH” THE RIGHT TO STRIKE
The Ministry of Labor expresses in the letters sent this Friday to both institutions that a clause of this nature “punishes the exercise of fundamental rights” such as those of assembly, demonstration or freedom of expression, constitutes an “obvious attack” on fundamental rights.
They also criticize the aforementioned sources that imply a “degradation of democratic participation” of workers “even more striking”, if possible, when it occurs in the collective agreements that govern the labor relations of public employees of an Autonomous Community, in this case of Madrid.
Labor adds that it is a peace clause that “exceeds what is admissible” for this type of obligatory content, generating effects beyond the signatory organizations and generating “astonishing negative consequences” for workers beyond what is provided in Article 5 of the Organic Law on Freedom of Association.
IT HAS TO BE CHALLENGED WHEN THE LEGALITY IS VIOLATED
The Ministry points out that the agreement and the agreement can be “challenged” because they “violate” the current constitutional legality and “seriously harm” the interest of third parties. In this way, Labor has proceeded to urge the Prosecutor’s Office to carry out the appropriate procedures to challenge the collective agreement, as well as any criminal proceedings that may be appropriate.
Labor recalls that it has requested the Prosecutor’s Office and the Ombudsman to act ex officio since they are the competent institutions in the face of the inhibition of the General Directorate of Labor of the Community of Madrid that has published the texts.
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